Section 49 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 49 is a narrow exception to the patentee's rights. A vessel, aircraft or land vehicle that belongs to a foreign country (or to a person ordinarily resident there) and comes into India only temporarily or accidentally does not infringe an Indian patent merely because it carries or uses the patented invention. The exception is cut off where the foreign country gives no matching protection to Indian-owned vessels, aircraft and vehicles. If a patent issue arises with a foreign carrier, our legal consultation team can review the facts.
Section 49 applies only where a foreign-registered vessel or aircraft, or a land vehicle owned by a person ordinarily resident in a foreign country, comes into India temporarily or accidentally only. Use of the invention on board the vessel for its actual needs only, or in the construction or working of the aircraft or land vehicle, is not infringement. Under sub-section (2) the protection does not extend to carriers of a country that gives no corresponding rights to Indian-owned carriers.
Where section 49 sits
Section 49 follows section 48, which lists what a patent gives its owner: the exclusive right to prevent third parties who do not have his consent from making, using, offering for sale, selling or importing for those purposes the patented product in India, or, for a process patent, from using the process or the product obtained directly by it. Section 49 then carves out one situation where use of the invention in India is deemed not to be infringement. The section appears under the heading "Patent rights not infringed when used on foreign vessels, etc., temporarily or accidentally in India". Our article on section 48 explains the rights that this section limits.
The printed text is current. It is not changed by the Tribunals Reforms Act, 2021 or by the Jan Vishwas (Amendment of Provisions) Act, 2023. The footnotes on this page of the source concern the neighbouring section 48 (substituted by the Patents (Amendment) Act, 2002 from 20 May 2003, with a proviso omitted by the 2005 Act from 1 January 2005); they do not alter section 49.
Sub-section (1): the exception
The opening words set the conditions: "Where a vessel or aircraft registered in a foreign country or a land vehicle owned by a person ordinarily resident in such country comes into India (including the territorial waters thereof) temporarily or accidentally only, the rights conferred by a patent for an invention shall not be deemed to be infringed by the use of the invention".
Note the three tests:
- Whose carrier it is. A vessel or aircraft "registered in a foreign country", or a land vehicle "owned by a person ordinarily resident in such country". Registration governs for vessels and aircraft; ownership by a foreign resident governs for land vehicles.
- How it comes to India. It must come in "temporarily or accidentally only". India includes "the territorial waters thereof".
- How the invention is used. Only in the two ways set out in clauses (a) and (b).
Clause (a): vessels
The invention may be used "in the body of the vessel or in the machinery, tackle, apparatus or other accessories thereof, so far as the invention is used on board the vessel and for its actual needs only". Two limits sit inside this clause: the use must be on board, and it must be for the vessel's actual needs. A patented ship propulsion system used to run the ship is within the clause. Using the vessel's patented equipment to run a commercial plant on shore is not use "on board" and not for the vessel's "actual needs".
Clause (b): aircraft and land vehicles
The invention may be used "in the construction or working of the aircraft or land vehicle or of the accessories thereof, as the case may be". Clause (b) does not repeat the "actual needs only" words that clause (a) carries. The text of clause (b) therefore speaks of construction or working of the aircraft or land vehicle and its accessories, and nothing more.
| Carrier | Test for the carrier | Permitted use under section 49(1) |
|---|---|---|
| Vessel | Registered in a foreign country | Body, machinery, tackle, apparatus or accessories, on board and for actual needs only (clause (a)) |
| Aircraft | Registered in a foreign country | Construction or working of the aircraft or its accessories (clause (b)) |
| Land vehicle | Owned by a person ordinarily resident in a foreign country | Construction or working of the vehicle or its accessories (clause (b)) |
Sub-section (2): the reciprocity limit
"This section shall not extend to vessels, aircraft or land vehicles owned by persons ordinarily resident in a foreign country the laws of which do not confer corresponding rights with respect to the use of inventions in vessels, aircraft or land vehicles owned by persons ordinarily resident in India while in the ports or within the territorial waters of that foreign country or otherwise within the jurisdiction of its courts."
In plain terms: India extends the protection only where the other country does the same for Indian carriers. If the foreign country's laws do not give "corresponding rights" to Indian-owned carriers in its ports, waters or courts' jurisdiction, section 49 does not apply to carriers owned by persons ordinarily resident there.
Drafting point: sub-section (2) speaks of "vessels, aircraft or land vehicles owned by persons ordinarily resident in a foreign country", although sub-section (1) tests vessels and aircraft by foreign registration rather than ownership. The text does not explain how the two tests meet; read the printed words as they stand.
The text is silent on who decides whether a country gives corresponding rights, and on how that is proved. It does not say that the Central Government must notify a list of such countries.
Illustrations (invented)
Example 1. Meridian Freight Lines operates a cargo ship registered in a foreign country. It calls at an Indian port for a day. Its engine room uses a cooling system covered by an Indian patent held by Kalpa Marine Tech Pvt. Ltd. The use is on board and for the ship's actual needs. If the other conditions hold, section 49(1)(a) says Kalpa's rights are not deemed infringed.
Example 2. Same ship, but the crew unloads the patented cooling units and sets them up in a warehouse on shore for sale to Indian buyers. This is not use "on board" and not for the vessel's "actual needs only". Section 49 gives no cover for that, and the ordinary rules on infringement apply.
Example 3. A truck owned by a resident of a neighbouring country crosses into India on a one-time delivery run and carries a patented braking device. Sub-section (1) can protect that use. If the neighbouring country gives no corresponding rights to Indian-owned trucks there, sub-section (2) removes the protection.
What the section does not say
- It does not define "temporarily" or "accidentally"; there is no maximum number of days in the text.
- It does not say how long a vessel may stay or how many calls it may make before the visit stops being temporary.
- It does not protect the manufacture or sale of the patented invention in India; it concerns "use" only.
- It does not name any country or list reciprocity arrangements.
Practical points
- Patentees: before asserting rights against a foreign carrier, check how it came to India, what use is made of the invention, and whether the carrier's country gives corresponding rights to Indian carriers.
- Operators: keep records showing that the call was temporary or accidental and that the use was confined to the carrier itself.
Need help with a patent question involving shipping or transport?
Whether section 49 applies turns on the facts: how the carrier came to India, what the invention is used for and where the carrier's country stands on reciprocity. Our legal consultation team can read the claims, the facts and the section together and tell you where you stand.
Key takeaways
- Section 49 protects foreign vessels, aircraft and land vehicles that are in India temporarily or accidentally only.
- For vessels, the use must be on board and for actual needs only; for aircraft and land vehicles, the use is in construction or working.
- Sub-section (2) withdraws the protection where the foreign country gives no corresponding rights to Indian-owned carriers.
- The text gives no time limit and no list of countries.
Read next
- Section 48: rights of patentees
- Sections 50 to 52: co-owners, directions and patent obtained in fraud of the true inventor
- Rights of the patentee: what a patent protects
- Patent infringement: what constitutes it and how to sue
Disclaimer: Based on the Patents Act, 1970 as amended up to the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and time limits under the Patents Rules, 2003 change from time to time and are not covered here. This article is general information, not legal advice; check the official text before acting.